Welcome to the law blog of Marino & Marino, P.C., which includes discussions about recent New York court decisions. For information about the firm, please visit www.marinomarino.com.

Friday, September 14, 2012

Supplemental Vs. Amended Bill of Particulars

A
recent Appellate Division, Second Department decision highlights the difference
between an amended and supplemental bill of particulars in a personal injury
case. (A bill of particulars is a written statement that amplifies the allegations or defenses in a lawsuit.) In Erickson v. Cross Ready Mix, Inc., et al. (2nd
Dept. 2012, Index No. 11947/05), the plaintiff allegedly was injured on a construction site when he
was struck by a swinging chute on the back of a cement truck. In his
initial response to a demand for a bill of particulars, the plaintiff claimed
that his medical treatment would include “lumbar spinal fusion surgery.”
After the surgery was performed, the plaintiff made a motion to amend his bill
of particulars to include, among other things, further injuries which he
allegedly sustained during the surgery.

The Court dismissed plaintiff’s motion as it was unnecessary, holding the
following: “pursuant to CPLR 3043(b), a plaintiff in a personal injury action
may serve a supplemental bill of particulars containing ‘continuing special
damages and disabilities,’ without leave of the court, if it alleges ‘no new
cause of action . . . or new injury.’ Where, as here, the plaintiff seeks
to allege continuing consequences of the injuries suffered and described in
previous bills of particulars, rather than new and unrelated injuries, the
contested bill of particulars is a supplemental bill of particulars rather than
an amended bill of particulars. Since the document entitled 'Amended Response To Defendant’s Demand For A Verified Bill Of Particulars,' which we deem to be a supplemental bill of particulars, was served more than 30 days prior to trial, leave of court was not required (see CPLR 3043[b]). Accordingly, the plaintiff’s motion must be denied as unnecessary."

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MARINO & MARINO, P.C. specializes in personal injury and civil litigation, and represents clients in areas in New York including Manhattan, Brooklyn, the Bronx, Staten Island, and Queens, Nassau, Suffolk and Westchester County. For more information about the firm, please visit www.marinomarino.com.

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